Board of Supervisors Minutes: October 7, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, October 7, 1996 - 2:00 p.m. The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Kevin Shelley presiding. CALLING THE ROLL The meeting was called to order at 2:10 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Noted absent at first roll call: Supervisor Katz - 1 Quorum present. Supervisor Katz was noted present at 2:24 p.m. CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [Medical Examiner Fees] Ordinance amending Administrative Code, authorizing the Medical Examiner to charge fees for certain services. (Chief Medical Examiner/Coroner) File 97-96-51, Ordinance No. 384-96 (Amends Section 8.14.) Finally passed. [Street Artist Fees] Ordinance amending Police Code, to establish a fee to cover the Arts Commission's costs of administering the application/examination process. (Arts Commission) File 121-96-11, Ordinance No. 383-96 (Adds Section 2404.1.1.) Finally passed. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Millicent and John Rutherford v. CCSF, et al.] Ordinance authorizing settlement of litigation of Millicent and John Rutherford against the City and County by payment of $95,000. (City Attorney) File 45-96-60, Ordinance No. (Superior Court No. 969-806.) Passed for second reading. [Lillian Eng v. CCSF, et al.] Ordinance authorizing settlement of litigation of Lillian Eng against the City and County by payment of $16,000. (City Attorney) File 45-96-61, Ordinance No. (Superior Court No. 964-732.) Passed for second reading. [C S E Insurance Company, v. CCSF] Ordinance authorizing settlement of litigation of C S E Insurance Company against Debra F. Borthne, City and County by payment of $10,327.27. (City Attorney) File 45-96-63, Ordinance No. (Municipal Court No. 128-103.) Passed for second reading. [Santa Clara County v. CCSF] Ordinance authorizing settlement of litigation of County of Santa Clara v. City and County of San Francisco and the City's conveyance of an easement to the County of Santa Clara for $1,250. (City Attorney) File 45-96-64, Ordinance No. (Santa Clara County Superior Court Action No. CV 757163.) Passed for second reading. [Strain and Smith v. CCSF, et al.] Ordinance authorizing settlement of litigation of Lisa Strain and Desiree Smith against the City and County by payment of up to $75,000. (City Attorney) File 45-96-65, Ordinance No. (U.S. District Court No. C95-04652 SAW.) Passed for second reading. [Loewinsohn v. CCSF, et al.] Ordinance authorizing settlement of litigation of Lee Jacob Loewinsohn against the City and County by payment of $80,000. (City Attorney) File 45-96-66, Ordinance No. (Superior Court No. 970-640.) Passed for second reading. Adopted [Settlement of Claim, Richard and Karen Turner] Resolution approving the settlement of the unlitigated claim of Richard and Karen Turner by payment of $30,000. (City Attorney) File 48-96-35, Resolution No. 905-96 Adopted. [SDI Coverage, 8220 Director of Enforcement] Resolution authorizing enrollment of Classification 8220 Director of Enforcement into the State Disability Insurance Program. (Department of Human Resources) File 89-96-7, Resolution No. 906-96 Adopted. [SDI Coverage, A100 Asst. Director of Enforcement] Resolution authorizing enrollment of Classification A100 Assistant Director of Enforcement into the State Disability Insurance Program. (Department of Human Resources) File 89-96-8, Resolution No. 907-96 Adopted. [Private Grant, Family Mosaic Project] Resolution authorizing the Department of Health to retroactively apply for, accept, and expend a grant of $911,622 from the Robert Wood Johnson Foundation to develop systems of managed care for all populations served by the Division of Mental Health; providing for ratification of action previously taken, and waiving indirect costs. Sponsor Supervisor Alioto. File 146-96-16, Resolution No. 911-96 Adopted. [Private Grant, Herpes Surveillance Project] Resolution authorizing the Department of Public Health, Community Public Health Services, to accept and expend a grant of $40,000 from the Glaxo Welcome Company for participation in the Surveillance for Acyclovir Resistant Herpes Simplex Virus Pilot Project; waiving indirect costs. Sponsor Supervisor Alioto. File 146-96-18, Resolution No. 912-96 Adopted. [Private Grant, Disease State Management Fellowship] Resolution authorizing the Department of Public Health, San Francisco General Hospital, to accept and expend retroactively unrestricted funding of $25,000 from Bristol-Myers Squibb Company, which includes no indirect costs, for providing a Pharmacy Disease State Management Fellowship; providing for ratification of action previously taken, and waiving indirect costs. (Department of Public Health) File 146-96-19, Resolution No. 913-96 Adopted. Recommendations of Housing and Land Use Committee Adopted [Stop Intersection, 6th Avenue and Hugo Street] Resolution designating the intersection of 6th Avenue and Hugo Street as an all-way stop intersection. Sponsor Supervisor Shelley. File 18-96-13, Resolution No. 896-96 Adopted. [Parking Regulations] Resolution enacting parking regulations at various locations. (Housing and Land Use Committee) File 19-96-12, Resolution No. 897-96 (Unmetered Motorcycle Parking - Establish Kaplan Lane, west side, from Clementina Street to 110 feet northerly (110-foot zone, replaces existing zone with approximately 35 motorcycle stalls). Unmetered Motorcycle Parking - Establish Sixteenth Street, north side, from De Haro Street to 50 feet westerly (50-foot zone, accommodating 14 motorcycle stalls). Peter Yorke Way, south side, from 80 feet to 105 feet east of Geary Boulevard (25-foot zone accommodating six motorcycle parking stalls). Perpendicular (90-Degree Angle) Parking - Establish Illinois Street, east side, between Nineteenth and Twenty-Second Streets. Tow-Away, No Parking Anytime - Establish Carroll Avenue, north side, from Keith Street to 430 feet easterly (430-foot zone). Carroll Avenue, north side, from Keith Street to 85 feet westerly (85-foot zone).) Adopted. [Traffic Regulations] Resolution enacting and rescinding traffic regulations on various streets. (Housing and Land Use Committee) File 20-96-14, Resolution No. 898-96 (Left Lane Must Turn Left - Rescind Folsom Street, eastbound, at Fremont Street. No Left Turn - Establish South Van Ness Avenue, northbound, at Twelfth Street (into driveway). No Right Turn on Red - Establish Fell Street, southbound, at Market Street. No Turn on Red - Establish Alemany Boulevard, northbound, at Mount Vernon Avenue. Tow-Away, No Stopping Anytime - Establish Eighth Street, east side, from 57 feet to 242 feet north of Bryant Street (185-foot zone, between the north and south driveways). Montgomery Street, east side, from Market Street to the extension of the north property line of Post Street. Broad Street, north side, from Plymouth Street to 62 feet easterly (62-foot zone). Broad Street, south side, from Plymouth Street to 64 feet westerly (64-foot zone). Randolph Street, north side, from Arch Street to 60 feet westerly (60-foot zone). Randolph Street, south side, from Arch Street to 57 feet easterly (57-foot zone). Bicycle Lanes - Establish Harrison Street, northbound and southbound, between Eleventh and Twenty-Second Streets. Mid-Block Crosswalks - Establish Telegraph Hill Boulevard, at east end of Greenwich Street steps, crossing Telegraph Hill Boulevard. Telegraph Hill Boulevard, at west end of Greenwich Street steps, crossing Telegraph Hill Boulevard. Tow-Away, No Stopping Anytime - Rescind Kaplan Lane, west side, from Clementina Street to 110 feet northerly (110-foot zone, replaces existing zone with approximately 35 motorcycle stalls).) Adopted. [Street Closure, Tiffany Street] Resolution authorizing the closure of Tiffany Street, at Twenty-Ninth Street, for a six month trial period. (Housing and Land Use Committee) File 20-96-15, Resolution No. 899-96 Adopted. [Street Closure, Mark Lane] Resolution authorizing the temporary closure of Mark Lane, between Bush Street and Harlan Place, between 12:00 Noon - 2:30 P.M. and 6:00 P.M. - 10:00 P.M., everyday for a one-year trial period. (Housing and Land Use Committee) File 20-96-16, Resolution No. 900-96 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. REGULAR CALENDAR NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [Appropriation, Public Transportation-Muni Railway] Ordinance rescinding $86,568 from materials and supplies in the Muni Operating Fund and appropriating $99,543 to professional services in the Muni Capital Projects Fund, including $12,975 recovered from the contractor, to reimburse the Municipal Railway's Advanced Train Control System Project for the improper use of grant funds, in response to a Controller's audit, for fiscal year 1996-97; providing for ratification of action previously taken. (Controller) File 101-96-10, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. [Appropriation, Department of Business and Economic Development] Ordinance appropriating $231,180, Department of Business and Economic Development, of grant and rental revenue for salaries, fringe benefits, travel, training, for professional services, materials and supplies, equipment and services of other departments, for the creation of two (2) positions, for the Treasure Island Base Conversion Project. (Controller) File 101-96-11, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. [Salary Ordinance Amendment] Ordinance amending Ordinance No. 298-96, Annual Salary Ordinance, 1996/97, Department of Business and Economic Development reflecting the creation of two (2) positions; companion measure to File 101-96-11. (Department of Human Resources) File 102-96-4, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. Adopted [Emergency Repair, Various Locations] Resolution authorizing the Director of the Department of Public Works to take necessary measures to protect the health, welfare and property of the citizens of San Francisco by performing the necessary work to replace structurally inadequate sewer in 23rd Avenue between California Street and Clement Street, Broadway between Grant Avenue and Stockton Street, Trenton Street between Pacific Avenue and Jackson Street, Pacific Avenue between Stockton Street and Mason Street and between Taylor Street and Jones Street, the 2015 Tenth Avenue easement between Tenth Avenue and 160 feet westerly, First Street between Market Street and Stevenson Street, Vicksburg Street between Elizabeth Street and Twenty-Fourth Street, Dale Place between Golden Gate Avenue and the Dead-End, Andover Street between Newman Street and Cortland Street and Webster Street between Lombard Street and Greenwich Street. (Department of Public Works) File 28-96-9, Resolution No. 901-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. [Emergency Repairs, San Joaquin Pipeline No. 3] Resolution authorizing expenditure of $600,000 for the emergency repairs to the San Joaquin Pipeline No. 3. (Public Utilities Commission) File 28-96-10, Resolution No. 902-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. Recommendations of Economic Vitality & Social Policy Committee Adopted [Policy, Small Business] Resolution establishing a policy to involve the Small Business Advisory Commission on policy issues of significance to the small business community in the City and County. Sponsors Supervisors Teng, Katz, Brown, Kaufman, Shelley. File 43-96-3, Resolution No. 904-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. In connection with the above item, Supervisors Kaufman, Shelley requested to be added as co-sponsors. Adopted as Amended [Empowerment Zone] Resolution urging the U.S. Housing and Urban Development Department to revise the regulations to allow the City and County ((to be considered for full Empowerment Zone status for all six neighborhoods or)) to include Chinatown and the Tenderloin as ((an)) Enterprise Community Areas and to receive the benefits associated with that designation, including grant funds and access to facility bonds. Sponsors Supervisors Teng, Bierman, Shelley, Alioto, Yaki, Kaufman. File 161-96-2, Resolution No. 915-96 Supervisor Teng, seconded by Supervisor Ammiano, moved an amendment of the whole entitled, "Resolution urging the U.S. Housing and Urban Development Department to revise the regulations to allow the City and County to include Chinatown and the Tenderloin as an Enterprise Community Areas and to receive the benefits associated with that designation, including grant funds and access to facility bonds.". Amendment of the Whole adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. Adopted as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. In connection with the above item, Supervisors Yaki, Kaufman, requested to be added as co-sponsors. Adopted [Domestic Violence Education/Prevention] Resolution endorsing and supporting the mission and goals of the Chinese Community Health Education Council and urging San Francisco Municipal Railway, through Transportation Displays, Incorporated, and other city departments to support the domestic violence prevention campaign in the Chinese community by promoting education and other services. Sponsors Supervisors Teng, Alioto, Bierman, Kaufman, Katz, Shelley, Yaki. File 264-96-1, Resolution No. 921-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. In connection with the above item, Supervisors Shelley, Yaki requested to be added as co-sponsors. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Grant of Easement, County of San Mateo] Ordinance authorizing conveyance of trail easements over Water Department Peninsula Watershed to the County of San Mateo. (Real Estate Department) File 82-96-3, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. Appointment of President Pro Tempore At the request of the President, Supervisors Alioto and Yaki assumed the Chair at different times for a brief moment. Consideration Continued (Supervisor Yaki dissenting in Committee.) [Campaign Consultant Regulation] Ordinance amending Administrative Code, to require registration of and quarterly reporting by campaign consultants; prohibit campaign consultants from lobbying current clients who are local officeholders and certain former clients who are local officeholders who owe money to the consultant for services provided to help elect the officeholder; and establish a voluntarily code of conduct for campaign consultants. Sponsors Supervisors Ammiano, Bierman. File 97-96-13, Ordinance No. (Adds Sections 16.540 through 16.547.) Supervisor Leal, seconded by Supervisor Ammiano, moved to amend page five, lines 24 and 25, Section 16.543(a)(6) by deleting the clause "and a statement of the specific purpose for which the client has contracted with the campaign consultant"; and to page seven, lines 16 through 18, Section 16.543(d) by deleting "The Client Authorization Statement must include a statement of the purpose for which the client has employed the campaign consultant.". Supervisor Ammiano, seconded by Supervisor Alioto, moved pending amendment of the whole bearing same title, dated October 2, 1996. Supervisor Leal requested City Attorney to prepare and submit proposed amendment regarding recusal provisions in sufficient time to be placed on the agenda for Board action on October 15, 1996. Supervisor Ammiano, seconded by Supervisor Yaki, moved to refer the above matter with pending amendments to October 15, 1996 with the Board of Supervisors sitting as a Committee of the Whole. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. The President resumed the Chair. Adopted [Outreach Newspaper, S.F. Bay Times] Resolution designating the San Francisco Bay Times for outreach advertising for the City and County for the Lesbian/Gay/Bisexual Community through June 30, 1997, or until such time that a periodical can be designated as the official outreach periodical for the Lesbian/Gay/Bisexual Community. (Purchasing Department) File 112-96-5, Resolution No. 910-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Federal Grant, Technology in Education Program] Resolution authorizing retroactively the Public Library to apply for approximately $200,000 per year for five years for a maximum of $1,009,302 as part of a collaboration with the Unified School District, to be awarded by the United States Department of Education, Challenge Grant for Technology in Education Program; waiving indirect costs. Sponsor Supervisor Alioto. File 147-96-5, Resolution No. 914-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. [Medical Services Contract] Resolution authorizing the Director of Public Health to execute an agreement, including indemnification, with the Regents of the University of California, for the provision of services specified as necessary by the California Children Services (CCS) for Community Level Neonatal Intensive Care designation, retroactive to July 1, 1996. (Department of Public Health) File 172-96-33, Resolution No. 916-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. [Bernal Property Development Agreement] Resolution adopting findings based on the Final Environmental Impact Report for the Bernal Property and approving the Bernal Property Development Agreement by and between Alameda County and the City and County of San Francisco, pursuant to Charter Section 9.118. (Public Utilities Commission) File 188-96-1.2, Resolution No. 918-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. [Grand Jury Report, Department of Public Works] Motion directing the Clerk of the Board of Supervisors to submit comments on the recommendations of the 1995-96 Civil Grand Jury to the Presiding Judge of the Superior Court pertaining to the Department of Public Works. (Government Efficiency and Labor Committee) File 39-96-5 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. [Grand Jury Report, Clean Water Enterprise] Motion directing the Clerk of the Board of Supervisors to submit comments on the recommendations of the 1995-96 Civil Grand Jury to the Presiding Judge of the Superior Court pertaining to the Clean Water Enterprise. (Government Efficiency and Labor Committee) File 39-96-6 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. [Grand Jury Report, Port] Motion directing the Clerk of the Board of Supervisors to submit comments on the recommendations of the 1995-96 Civil Grand Jury to the Presiding Judge of the Superior Court pertaining to the Port. (Government Efficiency and Labor Committee) File 39-96-7 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. [Grand Jury Report, Jails] Motion directing the Clerk of the Board of Supervisors to submit comments on the recommendations of the 1995-96 Civil Grand Jury to the Presiding Judge of the Superior Court pertaining to the City and County Jails. (Government Efficiency and Labor Committee) File 39-96-8 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. [Grand Jury Report, Department of Public Health] Motion directing the Clerk of the Board of Supervisors to submit comments on the recommendations of the 1995-96 Civil Grand Jury to the Presiding Judge of the Superior Court pertaining to the Department of Public Health. (Government Efficiency and Labor Committee) File 39-96-9 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. Recommendations of Housing and Land Use Committee Adopted [Findings, 5545 Third Street Affordable Housing] Resolution adopting Final Negative Declaration, finding and determining that the establishment of the Third Street and Armstrong Avenue Affordable Housing Special Use District, and the reclassification of the height and bulk district from 40-X to 40-65-J, affecting the property at 5545 Third Street, Assessor's Block 5419, Lot 6, will have no significant impact on the environment, and adopting and incorporating findings of Final Negative Declaration. Sponsors Supervisors Brown, Teng, Bierman. File 36-96-4.1, Resolution No. 903-96 (June 19, 1996 - Adopted and issued by Planning Department.) (August 8, 1996 - Approved by Planning Commission Motion 14180, approving Conditional Use Authorization adopted.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. Passed for Second Reading [Affordable Housing Special Use District] Ordinance amending Planning Code, to create an Affordable Housing Special Use District at Third Street and Armstrong Avenue. Sponsors Supervisors Brown, Teng, Bierman. File 81-96-1, Ordinance No. (Adds Section 249.17.) (August 8, 1996 - Approved by Planning Commission Resolution No. 14176.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. [Zoning Map, Affordable Housing, 5545 Third Street] Ordinance adopting a new Special Use District as an amendment to the Zoning Map of the City and County affecting property located at 5545 Third Street, Lot 6, Assessor's Block 5419, to establish the Third Street and Armstrong Avenue Affordable Housing Special Use District, and adopting findings pursuant to Planning Code Section 101.1; companion measure to File 36-96-4.1. Sponsors Supervisors Brown, Teng, Bierman. File 36-96-4, Ordinance No. (August 8, 1996 - Approved by Planning Commission Resolution No. 14178.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. [Zoning Map Height and Bulk, 5545 Third Street] Ordinance adopting a change to the Height and Bulk Classification as an amendment to the Zoning Map of the City and County affecting property located at 5545 Third Street, Lot 6, Assessor's Block 5419, to change the Height and Bulk Classification from 40-X to 40-65-J, and adopting findings pursuant to Planning Code Section 101.1. Sponsors Supervisors Brown, Teng, Bierman. File 36-96-5, Ordinance No. (August 8, 1996 - Approved by Planning Commission Resolution No. 14179.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. [Bayview Senior Housing Project] Ordinance amending Planning Code, to create special exceptions in the 40-65-J Special Height and Bulk District. Sponsors Supervisors Brown, Teng, Bierman. File 115-96-5, Ordinance No. (Adds Section 263.13.) (August 8, 1996 - Approved by Planning Commission Resolution No. 14177.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. [Changing Width of Sidewalk, Tompkins Avenue] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" changing the official sidewalk width on the south side of Tompkins Avenue between Putnam Street and Peralta Avenue, retroactive to May 21, 1996, as shown on the Department of Public Works Drawing labeled Q-20-430 and making findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 34-96-10, Ordinance No. (Adds Section 1530.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. [Changing Official Grade of Street] Ordinance establishing official grades on the west side of Peralta Avenue at Tompkins Avenue and on Putnam Street between Tompkins Avenue to 37 feet south of Ogden Avenue, as shown on the Department of Public Works Drawings labeled Q-20-431 and Q-20-432 and making findings pursuant to Planning Code Section 101.1; companion measure to File 34-96-10. (Department of Public Works) File 139-96-1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. [Changing Width of Sidewalk, Oakdale Avenue] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding Section No. 1531 changing the official sidewalk width on Oakdale Avenue between Phelps Street and Quint Street, as shown on the Department of Public Works Drawing Labeled Q-20-460, and making findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 34-96-11, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. [Housing Code - Lead Hazards] Ordinance amending Housing Code to change the definition of nuisance to include dwelling units subjected to hazard reduction orders or emergency orders under Sections 1628 and 1630 of the Health Code. (Building Inspection Commission) File 125-96-1, Ordinance No. (Amends Section 401.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. Consideration Continued [Hotel Room Tax Administration] Ordinance amending Municipal Code, Part III, to transfer administration of the Hotel Tax Fund from the Chief Administrative Officer to the Mayor (with respect to housing uses of the fund) and to the City Administrator (with respect to non-housing uses of the fund) and to clarify residency requirements. Sponsor Supervisor Brown. File 127-96-7, Ordinance No. (Amends Section 515.) Supervisor Brown, seconded by Supervisor Teng, moved to continue consideration to October 15, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. Adopted [Liquor Licenses, 600 Sutter and 611 Mason Streets] Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage license from Walgreen Co., at 1521 Polk Street, to 600 Sutter Street, and the transfer of a Type 48 on-sale general public premises license from 827 Sutter Street, Inc., at 827 Sutter Street, to 611 Mason Street, for J.P.D.C. Corporation will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Land Use Committee) File 223-96-27, Resolution No. 919-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. [Liquor License Transfer, 539 Sutter Street] Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage license from Theatre Market at 533 Sutter Street, to Theatre Market at 539 Sutter Street, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Land Use Committee) File 223-96-28, Resolution No. 920-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. Passed for Second Reading [Relocation Assistance Lead Administration Fund] Ordinance amending Administrative Code, creating the Relocation Assistance Lead Administration Fund, into which the fees imposed on owners of properties built or rehabilitated before 1978 will be deposited to provide for the costs of relocation assistance and administration incurred in the remediation of lead hazards in residential units occupied by a lead poisoned child. Sponsors Supervisors Shelley, Bierman, Leal, Teng, Yaki, Katz, Ammiano, Alioto, Kaufman, Brown, Hsieh. File 97-96-47, Ordinance No. (Adds Section 10.117-116.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Ammiano - 1. [Rent Escrow Account Program] Ordinance amending Administrative Code, authorizing the Department of Public Health to collect rents for residential units occupied by a lead poisoned child and deposit them into a rent escrow account to be used to abate lead hazards in conjunction with abatement funds available in Health Code Section 599; mandating that said escrow funds be used solely to abate the unsafe conditions arising from lead hazards upon the owners' failure to abate such hazards; providing that payment of an administrative fee equal to the reasonable cost of administration of the escrow account be paid by the owner and deposited in the account, and further providing that payment of rent into said account is not a basis for eviction. Sponsors Supervisors Shelley, Bierman, Leal, Teng, Yaki, Katz, Ammiano, Alioto, Kaufman, Brown, Hsieh. File 97-96-48, Ordinance No. (Adds Chapter 74, Sections 74.1 through 74.15.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Ammiano - 1. [Establishment of Regulatory Fee for Lead Hazard Abatement Program] Ordinance amending Administrative Code, to establish a regulatory fee and revolving fund to subsidize the costs of tenant relocation and to cover the reasonable costs incurred by the Department of Public Health in administering the Lead Hazard Abatement Program. Sponsors Supervisors Shelley, Bierman, Leal, Teng, Yaki, Katz, Ammiano, Alioto, Kaufman, Brown Hsieh. File 97-96-49, Ordinance No. (Creates Chapter 73, Sections 73.1 through 73.9.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Ammiano - 1. [Relocation Assistance for Lead Hazard Remediation] Ordinance amending Administrative Code, mandating relocation assistance be provided to residents vacated from residential units deemed unsafe due to the presence of lead hazards or due to the unpermitted use of a residence discovered pursuant to a lead hazard inspection, provided that the costs of short term relocation and associated administrative costs shall be paid for by the fees collected pursuant to Administrative Code Chapter 73, and further providing criminal sanction for failure to provide such assistance. Sponsors Supervisors Shelley, Bierman, Leal, Teng, Yaki, Katz, Ammiano, Alioto, Kaufman, Brown, Hsieh. File 97-96-50, Ordinance No. (Creates Chapter 72, Sections 72.1 through 72.7.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Ammiano - 1. Appointment of President Pro Tempore At the request of the President, Supervisor Kaufman assumed the Chair so the President could participate in the debate from the floor. Passed for Second Reading as Amended [Pesticide Use] Ordinance amending Administrative Code, to require City departments to minimize the use of pesticides and develop integrated pest management policies. Sponsors Supervisors Shelley, Bierman, Alioto, Leal, Yaki, Katz, Ammiano, Teng. File 97-96-52, Ordinance No. (Adds Chapter 39, Sections 39.1 through 39.((7))8.) Supervisor Shelley, seconded by Supervisor Alioto, moved to amend page four, line 11, after "1996" by adding ", except for those pesticides that the Board of Supervisors has reviewed and approved for use for purposes of protection of public safety or public health, based on a recommendation from the Commission on the Environment"; and to amend page nine, line five, by adding a new section as follows: "Section 39.8 Exceptions. This chapter will not apply to use of any pesticide for the purpose of improving or maintaining water quality at drinking water treatment plants, wastewater treatment plants, reservoirs and related collection, distribution and treatment facilities." Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Passed for second reading as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Passed for Second Reading [Passthroughs and Evictions Based on Lead Remediation Work] Ordinance amending Administrative Code, to permit rent increases for Lead Hazard Remediation Work; to limit passthroughs of rent increases for capital improvements and operating and maintenance costs of lead hazard remediation activities to 10% of a tenant's base rent and to regulate passthroughs for lead hazard remediation activities where deferred maintenance contributes to the existence of the lead hazard; and, to create a just cause eviction for lead remediation work. Sponsors Supervisors Shelley, Bierman, Leal, Teng, Yaki, Katz, Ammiano, Alioto, Kaufman, Brown, Hsieh. File 109-96-3, Ordinance No. (Amends Sections 37.3 and 37.9.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Ammiano - 1. [Lead Housing Nuisances] Ordinance amending Housing Code to change the definition of nuisance to include dwelling units subjected to hazard reduction orders or emergency orders under Sections 1628 and 1630 of the Health Code. Sponsors Supervisors Shelley, Bierman, Leal, Teng, Yaki, Katz, Ammiano, Alioto, Kaufman, Brown, Hsieh. File 125-96-1.1, Ordinance No. (Amends Section 401.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Ammiano - 1. [Lead Hazards] Ordinance amending Health Code, Article 26, and adding new authority for the Director of Public Health to issue nuisance abatement orders against defined lead hazards, to require posting of lead hazard information by landlords and home improvement stores, and to strengthen the Department of Public Health's management of elevated blood lead level children through treatment and public education. Sponsors Supervisors Shelley, Bierman, Leal, Teng, Yaki, Katz, Ammiano, Alioto, Kaufman, Brown, Hsieh. File 125-96-1.2, Ordinance No. (Renumbers Sections 1600 to 1640.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Ammiano - 1. The President resumed the Chair. Adopted [Appointments] Resolution appointing members to the Lead Poisoning Prevention Citizen's Advisory Committee, terms expired, for new two-year terms ending August 20, 1997. (Rules Committee) File 92-95-39.3, Resolution No. 882-96 (James Threat, vice himself, Seat 26608, Recreation and Park representative; Michael Miller, vice Betty Taisch, Seat 26614, real estate expertise; Stacy Samek-Herrera, vice Francisco J. Lopez, Seat 26609, San Francisco Unified School District representative.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointment] Resolution appointing member to the Advisory Council to the Commission on the Aging, for new two-year term ending March 31, 1997. (Rules Committee) File 92-95-41, Resolution No. 883-96 (Pat Durham, vice Roberta E. Carter, Seat No. 20310, term expired.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointment] Resolution appointing member to the Lead Hazard Reduction Citizens Advisory Committee, for four-year term ending December 22, 1999; making findings waiving residency. (Rules Committee) File 92-96-39, Resolution No. 908-96 (Stephen Davis, vice himself, Seat 26714, lead testing expert, term expired.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointments] Resolution appointing members to the Lead Poisoning Prevention Citizens Advisory Committee, terms expired, for new three-year terms ending August 20, 1999. (Rules Committee) File 92-96-46.1, Resolution No. 884-96 (Neil Gendel, vice himself, Seat 26622, public interest organization; Sharon Donovan, vice herself, Seat 26602, childcare.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointment] Resolution appointing member to the Lead Hazard Citizens Advisory Committee, for unexpired portion of four-year term ending December 22, 1997; making findings waiving residency. (Rules Committee) File 92-96-48, Resolution No. 909-96 (Bartholomew Murphy, vice Vince Malta, Seat 26710, must be residential owner, resigned.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointment] Motion approving Mayor's appointment of Paul Craig Okamoto, to serve as a member of the Commission on the Environment. (Rules Committee) File 33-96-20 (September 24, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointment] Motion approving Mayor's appointment of Rebecca Evans to serve as a member of the Commission on the Environment. (Rules Committee) File 33-96-21 (September 24, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointment] Motion approving Mayor's appointment of Linda Richardson to serve as a member of the Commission on the Environment. (Rules Committee) File 33-96-22 (September 24, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointment] Motion approving Mayor's appointment of Anne Lee Eng to serve as a member of the Commission on the Environment. (Rules Committee) File 33-96-23 (September 24, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointment] Motion approving Mayor's appointment of Steven M. Krefting to serve as a member of the Commission for the Environment. (Rules Committee) File 33-96-24 (September 24, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointment] Motion approving Mayor's appointment of Beryl Magilavy to serve as a member of the Commission on the Environment. (Rules Committee) File 33-96-25 (September 24, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointment] Motion approving Mayor's appointment of Diana B. Wilsey to serve as a member of the Arts Commission. (Rules Committee) File 33-96-26 (September 24, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointment] Motion approving Mayor's appointment of Linda S. Crayton to serve as a member of the Airports Commission. (Rules Committee) File 33-96-27 (September 24, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointment] Motion approving Mayor's appointment of Rev. Dr. Harry Chuck to serve as a member of the Juvenile Probation Commission. (Rules Committee) File 33-96-28 (September 24, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Appointment of President Pro Tempore At the request of the President, Supervisor Yaki assumed the Chair. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Kathy Gordan, Proposition 211, campaign consultants; David, neighborhood tree management program; Dick Grace, headwaters, Treasure Island, Presidio, HOPE VI; Deefje Boler, book giveaway and auction of furniture at Library; Denise Janelle, gas station leakage, Seventh Avenue and Irving Street; Bernal Dwelling Tenants Association, HOPE VI grant; Milton Hanks, personal safety; There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption today. Any Supervisor may require any of these measures to go to committee. Adopted [Commend Department of Parking and Traffic] Resolution commending the Department of Parking and Traffic on the implementation of a pay-by-telephone system for parking tickets in San Francisco. Sponsors Supervisors Kaufman, Leal, Alioto, Bierman. File 6-96-143, Resolution No. 885-96 (September 30, 1996 - Introduced in Board for consideration on October 7, 1996.) Adopted. [Commend Neighborhood Preservation Initiative] Resolution commending the Neighborhood Preservation Initiative and declaring October 2, 1996 as "Neighborhood Preservation Day" in San Francisco. Sponsors Supervisors Teng, Brown, Katz, Shelley, Bierman, Kaufman. File 6-96-144, Resolution No. 886-96 (September 30, 1996 - Introduced in Board for consideration on October 7, 1996.) Adopted. In connection with the above item, Supervisor Kaufman requested to be added as co-sponsor. [Commend Emily Goldfarb] Resolution commending Emily Goldfarb for a decade of community service as the Executive Director of the Northern California Coalition for Immigrant Rights and in a variety of other capacities, and declaring November 21, 1996 "Emily Goldfarb Day" in San Francisco. Sponsors Supervisors Teng, Kaufman, Brown, Katz, Alioto, Shelley, Bierman, Leal, Yaki. File 6-96-145, Resolution No. 887-96 (September 30, 1996 - Introduced in Board for consideration on October 7, 1996.) Adopted. In connection with the above item, Supervisors Leal, Yaki requested to be added as co-sponsors. [Commend San Francisco Beautiful] Resolution commending San Francisco Beautiful and declaring October 8, 1996 as "San Francisco Beautiful Day" in San Francisco. Sponsors Supervisors Teng, Kaufman, Katz, Brown, Alioto, Shelley, Bierman. File 6-96-146, Resolution No. 888-96 (September 30, 1996 - Introduced in Board for consideration on October 7, 1996.) Adopted. [Commend Teo Chew Community Center] Resolution commending Teo Chew Community Center and declaring October 6, 1996 as "Teo Chew Community Center Day" in San Francisco. Sponsors Supervisors Teng, Kaufman, Brown, Katz, Hsieh, Alioto, Shelley, Bierman, Leal, Yaki. File 6-96-147, Resolution No. 889-96 (September 30, 1996 - Introduced in Board for consideration on October 7, 1996.) Adopted. In connection with the above item, Supervisors Leal, Yaki requested to be added as co-sponsors. [Commend Chew Lun Association] Resolution commending the Chew Lun Association on its centennial celebration and declaring October 20, 1996 to be "Chew Lun Day" in San Francisco. File 6-96-148, Resolution No. 890-96 (September 30, 1996 - Introduced in Board for consideration on October 7, 1996.) Adopted. In connection with the above item, Supervisor Kaufman requested to be added as co-sponsor. [Opposing H.R. 2202, Immigrants] Resolution opposing H.R. 2202, urging the U.S. Senate to defeat H.R. 2202 urging the President to veto H.R. 2202, and urging the Mayor to urge the City and County's federal legislative lobbyist to take all actions necessary to convey this message to Congress and other municipalities. Sponsors Supervisors Teng, Kaufman, Leal, Brown, Alioto, Bierman. File 13-96-23.1, Resolution No. 893-96 (September 30, 1996 - Introduced in Board for consideration on October 7, 1996.) Adopted. [Headwaters Forest Complex] Resolution urging the Clinton Administration to seek and implement permanent protection for all six (6) groves and sixty thousand (60,000) acres comprising the Headwaters Forest Complex, while considering the timber workers who might be affected and, the long term economic vitality of California's North Coast communities. Sponsors Supervisors Yaki, Alioto, Bierman, Leal, Katz. File 13-96-39, Resolution No. 894-96 (September 30, 1996 - Introduced in Board for consideration on October 7, 1996.) Adopted. In connection with the above item, Supervisors Leal, Katz requested to be added as co-sponsors. [Central Intelligence Agency Investigation] Resolution supporting the efforts initiated by Representative Maxine Waters calling for an investigation exploring the linkage between the Central Intelligence Agency and cocaine use in South Central Los Angeles Sponsors Supervisors Brown, Alioto, Bierman, Katz. File 13-96-40, Resolution No. 895-96 (September 30, 1996 - Introduced in Board for consideration on October 7, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Katz requested to be added as co-sponsors. [Advertising on Vessels Ban] Resolution opposing non-incidental commercial advertising on vessels on the San Francisco Bay. Sponsors Supervisors Katz, Brown, Teng, Ammiano, Alioto, Yaki, Bierman. File 173-96-1, Resolution No. 917-96 (September 30, 1996 - Introduced in Board for consideration on October 7, 1996.) Adopted. In connection with the above item, Supervisors Yaki, Bierman requested to be added as co-sponsors. [Final Map, 125 Gilbert Street] Motion approving final map of 125 Gilbert Street, a Live/Work Condominium Project, being a subdivision of Lot 95 in Assessor's Block 3784, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 58-96-34 (September 27, 1996 - Referred to Board for consideration on October 7, 1996.) Adopted. [Final Map, 270 Henry Street] Motion approving final map of 270 Henry Street, a Residential Condominium Project, being a subdivision of Lot 49 in Assessor's Block 2612, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 58-96-35 (September 27, 1996 - Referred to Board for consideration on October 7, 1996.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Leal, Shelley, Yaki - 8. Absent: Supervisors Alioto, Kaufman, Teng - 3. IMPERATIVE CALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolutions being considered at this time are purely commendatory. Supervisor Yaki, seconded by Supervisor Brown, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Leal, Shelley, Yaki - 8. Absent: Supervisors Alioto, Kaufman, Teng - 3. [Brown Act Finding] Motion that the Board finds by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Yaki, seconded by Supervisor Brown, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Leal, Shelley, Yaki - 8. Absent: Supervisors Alioto, Kaufman, Teng - 3. [Imperative Resolutions] Adopted [Commend Chris/Warren Hellman] Resolution commending Chris and Warren Hellman for their positive and enduring contributions to San Francisco. File 006-96-149, Resolution No. 891-96 Supervisor Shelley presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Leal, Shelley, Yaki - 8. Absent: Supervisors Alioto, Kaufman, Teng - 3. [Commend Chinatown New Park] Resolution commending the Chinatown new park and declaring October 9, 1996 to be "Chinatown New Park Day" in San Francisco. File 006-96-150, Resolution No. 892-96 Supervisors Hsieh, Teng, Yaki, Kaufman, Bierman, Brown, Katz, Shelley presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Leal, Shelley, Yaki - 8. Absent: Supervisors Alioto, Kaufman, Teng - 3. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Sexual Harassment Policy] Ordinance amending Administrative Code by repealing Section 16.9-25 and adding Section 16.9-25 concerning policy on sexual harassment; charging the Human Resources Director with providing quarterly and annual reports on sexual harassment; and providing that the Commission on the Status of Women may offer support on related matters. Supervisor Shelley presented. Referred to Rules Committee. File 097-96-018.01. [Neighborhood Commercial Advisory Councils] Ordinance amending Planning Code by adding Sections 704 through 704.5 to authorize establishment of neighborhood commercial advisory councils and to specify procedures for advisory council management and operation, and making findings of consistency with the priority policies of Planning Code Section 101.1. Supervisors Shelley, Alioto, Teng, Yaki, Ammiano, Brown, Hsieh, Katz presented. Referred to Rules Committee. File 115-96-011. [Pre-Application Signposting] Ordinance amending Planning Code by adding Section 311.1 to require applicants for certain commercial and retail uses selling goods and services, as defined in Planning Code Article 7, to post a pre-application notice and to submit a declaration that the posting was done at least fifteen (15) days before submittal of the application and making findings of consistency with the priority policies of Planning Code Section 101.1. Supervisors Shelley, Alioto, Teng, Yaki, Ammiano, Brown, Hsieh, Katz presented. Referred to Rules Committee. File 115-96-012. Referred to Board [Commend David Ballati] Resolution commending Judge David Ballati for his public stance against the use of civil compromise as a resolution in domestic violence cases and for his refusal to use this remedy in his own courtroom. Supervisors Kaufman, Leal, Teng, Katz, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar October 15, 1996. File 006-96-151. [Commend Mark Izu/Asian American Jazz] Resolution commending Mark Izu and Silk Road: Asian Concepts in Jazz and declaring October 24, 1996 as "Asian American Jazz Day". Supervisor Teng presented. Referred to Board For Adoption Without Committee Reference Calendar October 15, 1996. File 006-96-152. [Commend Bernal Heights Neighborhood Center] Resolution commending the Bernal Heights Neighborhood Center in honor of their Fiesta on the Hill on October 19, 1996. Supervisors Shelley, Ammiano presented. Referred to Board For Adoption Without Committee Reference Calendar October 15, 1996. File 006-96-153. [Commend Life Lobby and Life Institute] Resolution commending the Life Lobby and Life Institute for their invaluable work and congratulating the Life Lobby on the occasion of its Tenth Anniversary. Supervisor Alioto presented. Referred to Board For Adoption Without Committee Reference October 15, 1996. File 006-96-154. [Commend Jerome Caja] Resolution congratulating and saluting the late Jerome Caja for his outstanding work as an artist and declaring October 11, 1996 Jerome Caja Day. Supervisor Ammiano presented. Referred to Board For Adoption Without Committee Reference Calendar October 15, 1996. File 006-96-155. [Abandonment, 29-Sunset Municipal Railway Service] Resolution approving partial abandonment of 29-Sunset Service to facilitate a minor reroute in the main post area of the Presidio and partial discontinuance of certain late night trips. Supervisor Yaki presented. Scheduled for public hearing before Board on October 21, 1996, at 3:00 p.m. File 007-96-006. [29-Sunset Partial Abandonment of Service] Resolution disapproving partial abandonment of 29-Sunset service to facilitate a minor reroute in the main post area of the Presidio and partial discontinuance of certain late night trips. Supervisor Yaki presented. Scheduled for public hearing before Board on October 21, 1996, at 3:00 p.m. File 007-96-006.01. [Domestic Violence/Civil Compromise] Resolution reasserting the finding of the Board of Supervisors that domestic violence is a serious crime and not a civil dispute and that civil compromise is an inappropriate resolution in domestic violence cases; and urging the State Legislature to take up this issue again and to prohibit the use of civil compromise in domestic violence cases as one of its first orders of business during its new 1997 session. Supervisors Kaufman, Leal, Alioto, Shelley, Teng, Katz presented. Referred to Board For Adoption Without Committee Reference Calendar October 15, 1996. File 012-96-043. Referred to Committee [Neighborhood Commercial District Evaluations] Resolution requesting the Planning Commission to undertake an evaluation of neighborhood commercial districts, as defined in Planning Code Section 702.1 and other neighborhoods, setting forth goals for the evaluation, including determining what appropriate changes are needed to preserve neighborhood commercial character, and requesting a report to be submitted on the results of the evaluation. Supervisors Shelley, Alioto, Teng, Yaki, Ammiano, Brown, Hsieh, Katz presented. Rules File 189-96-003. [Hate Crimes/Discrimination Against Immigrants] Resolution urging the San Francisco Police Department to develop a plan and the San Francisco Human Rights Commission to hold hearings to address the increase in hate crimes and discrimination against immigrants arising from passage of state and federal anti-immigrant laws. Supervisors Teng, Katz, Brown, Bierman, Kaufman, Leal, Alioto presented. Referred to Economic Vitality/Social Policy Committee. File 207-96-011. Referred to Board [Children/Youth Summit Commitment to Action] Resolution endorsing and supporting the Commitment to Action put forth and signed at the San Francisco Children and Youth Summit, October 5-6, 1996. Supervisor Yaki presented. Referred to Board For Adoption Without Committee Reference Calendar October 15, 1996. File 215-96-003. Requests for Hearings: [Labor Issues] Hearing to consider the labor standards and practices of city parking concessionaires. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 176-96-008. [Public Library Italian-American Center] Hearing to consider the establishment of an Italian-American Center at the new Main Library. Supervisor Alioto presented. Referred to Budget Committee. File 225-96-004. Motions: Referred to Board [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Supervisors Alioto, Leal, Bierman, Shelley, Teng, Hsieh, Ammiano, Yaki, Kaufman, Katz, Brown presented. Referred to Board For Adoption Without Committee Reference Calendar October 15, 1996. File 030-96-001.20. Referred to Committee [Off-Site Meeting, Government Efficiency/Labor] Motion ordering the December 1996 meeting of the Government Efficiency and Labor Committee of the Board of Supervisors to be held on December 12, 1996, at 5:30 p.m. at the Everett Middle School, 450 Church Street. Supervisor Ammiano presented. Referred to Rules Committee with request it be considered at the October 15, 1996 meeting. File 054-96-009. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-96-079. [Stone et al., v. CCSF et al.] Ordinance authorizing settlement of appellate attorneys' fees litigation in Stone, et al., v. City and County of San Francisco, et. al., including the payment of $113,200 in attorneys' fees. (U.S. Court of Appeal No. 94-16015 and U.S. District Court No. C78-2774 WHO). (City Attorney) Referred to Government Efficiency/Labor Committee. Resolutions Referred to Committee File 047-96-011. [Lease, 205-13th Street Off-Street Parking] Resolution authorizing the lease agreement for off-street parking at 205-13th Street for the Department of Building Inspection effective the later of September 23, 1996 or upon the date City receives 24-hour notice to vacate their current parking site. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 048-96-042. [Settlement of Claim, Maryann Acosta] Resolution approving the settlement of the unlitigated claim of Maryann Acosta by payment of $15,000. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-043. [Settlement of Claim, Balboa Life and Casualty] Resolution approving the settlement of the unlitigated claim of Balboa Life and Casualty by payment of $9,000. (City Attorney) Referred to Government Efficiency/Labor Committee. File 064-96-016.01. [Assignment/Assumption of Leases, Treasure Island] Resolution approving an agreement between the City and County of San Francisco and the Redevelopment Agency of the City and County of San Francisco regarding the assignment and assumption of certain leases, subleases, a license, and sublicense relating to Naval Station Treasure Island. (Mayor) Referred to Government Efficiency/Labor Committee. File 085-96-002. [Mid-Embarcadero Separator Structure Project] Resolution adopting findings under the California Environmental Quality Act, approving the DPT variant of the Mid-Embarcadero roadway terminal separator structure replacement project, and authorizing Department of Public Works to accept and expend Federal Emergency Relief funds; companion measure to Files 85-96-3 and 271-96-3. (Also see File 85-95-5). (City Administrator-Waterfront Transportation Projects) Referred to Housing and Land Use Committee with request it be considered at the October 24, 1996 meeting. File 085-96-003. [Urban Design Concept, Mid-Embarcadero Project] Resolution endorsing the urban design concept for the Mid-Embarcadero roadway and open space subject to design criteria approved by the Port Commission and limiting improvements on Assessor's Blocks 202 and 203; companion measure to Files 85-96-2 and 271-96-3) (Also see File 85-95-5). (City Administrator Waterfront Transportation Projects) Referred to Housing and Land Use Committee with request it be considered at the October 24, 1996 meeting. File 130-96-001.01. [Grant - State, Adult Probation Drug Abatement] Resolution authorizing retroactively the Chief Adult Probation Officer of the City and County of San Francisco to apply for, accept and expend funds in the amount of $180,774 which includes indirect costs in the amount of $9,039 based on five percent of the total project, made available through the Office of Criminal Justice Planning for a project entitled "San Francisco Adult Probation's Drug Abatement Project"; rescinding Resolution 649-96. (Adult Probation Department) Referred to Government Efficiency/Labor Committee. File 133-96-005. [Grant - State, Household Hazardous Waste] Resolution authorizing the City Administrator of the City and County of San Francisco to apply for up to $120,000 in discretionary grant funding from the California Integrated Waste Management Board (CIWMB); waiving indirect costs; providing for ratification of action previously taken. (City Administrator) Referred to Government Efficiency/Labor Committee. File 143-96-005. [Community Policing to Combat Domestic Violence] Resolution authorizing the Chief of Police of the City and County of San Francisco to retroactively apply for, accept and expend funds in the amount of Two Hundred Thousand Dollars ($200,000.00) excluding indirect costs not allowed under this program, for a project known as the "Community Policing to Combat Domestic Violence" and agreeing to provide an in-kind match in the amount of Eighty-Nine Thousand One-Hundred Fifty-Eight Dollars ($89,158). (Police Department) Referred to Government Efficiency/Labor Committee. File 143-96-006. [Federal Grant, "COPS-Universal Hiring" Program] Resolution authorizing the Chief of Police of the City and County of San Francisco to retroactively apply for, accept and expend funds in the amount of Seven Hundred Fifty Thousand Dollars ($750,000), excluding indirect costs not permissible under this program, for new funding for a three-year project entitled, "Community Oriented Policing Services-Universal Hiring Program" (COPS-Universal Hiring), plus a cash match of Nine Hundred Twenty-Five Thousand Seven Hundred Fifty Dollars ($925,750). (Police Department) Referred to Government Efficiency/Labor Committee. File 146-96-021. [State Grant, Childhood Lead Prevention Program] Resolution authorizing the Department of Public Health, Childhood Lead Prevention Program, to retroactively accept and expend the Medi-Cal allocation of $101,533 which includes indirect costs in the amount of $16,807 based on 20% of salaries from the Department of Health Services for childhood lead poisoning case management of Medi-Cal enrolled or eligible children. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 146-96-022. [Acceptance/Expenditure of State Grant Funds] Resolution authorizing the acceptance and expenditure of State grant funds by the San Francisco Department of Public Health for 1996-97. (Department of Public Health) Referred to Government Efficiency/Labor Committee with request it be considered at the October 22, 1996 meeting. File 146-96-023. [Federal Grant, Substance Abusing Pregnant Women] Resolution authorizing the Department of Public Health, Community Public Health Services, to apply for retroactively a grant in the amount of $195,034, which includes indirect costs in the amount of $33,849, based on 21% of direct costs, from the Department of Health and Human Services, Public Health Service, for a research project to study the effectiveness of a strategy for substance abusing pregnant women. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 172-96-035. [Agreement, CCSF/University of California] Resolution approving mutual indemnification provision in an agreement between the Adult Probation Department of the City and County of San Francisco, and the Regents of the University of California, for evaluation services as specified in the Criminal Justice Network Treatment Grant. (Adult Probation Department) Referred to Government Efficiency/Labor Committee. File 271-96-003. [General Plan Amendment, Terminal Separator] Resolution approving amendments to the San Francisco General Plan in order to conceptually approve the Mid-Embarcadero Replacement Project and the terminal separator structure replacement project. The amendments were adopted by the Planning Commission by Resolution No. 14194 on September 19, 1996, incorporating by reference findings pursuant to the California Environmental Quality Act as analyzed in the Final Environmental Impact Report for the alternatives to replacement of the Embarcadero Freeway and the terminal separator structure, File No. 92.202E/94.060E; companion measure to Files 85-96-2 and 85-96-3). (City Administrator-Waterfront Transportation Projects) (Planning Department Resolution No. 14195 adopted 9/19/96 finding the project consistent with the eight Priority Policies and in conformity with the General Plan) Referred to Housing and Land Use Committee with request it be considered at the October 24, 1996 meeting. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Katz, that City Attorney prepare resolution expanding the Mission Street liquor license moratorium to include the five block section of Mission Street south of Cesar Chavez (between Randall and Cesar Chavez); Valencia Street between Mission Street and Cesar Chavez; San Jose Avenue between Randall and Cesar Chavez; 29th Street between Mission Street and San Jose Avenue; 30th Street between Mission Street and San Jose Avenue; and Cesar Chavez between San Jose and Capp Streets. By Supervisor Katz, that City Attorney prepare the following ordinances or resolutions: 1. Ordinance to amend the defintition of fast food, in relation to the permitting process, to include restaurants where orders are taken at the counter and food is served on disposable plates or containers and/or disposable utensils are used even if the food is served to the customer at a table; 2. Resolution imposing a two-year moratorium on self-service restaurants, coffee shops and juice bars in the Castro-Upper Market area; 3. Ordinance preventing restaurants or bars from expanding their size by taking over the space of a neighboring store that is not presently a restaurant or bar in neighborhoods where there is a limit on the number of restaurants or bars allowed; and 4. Ordinance to repeal the three-year grandfather clause that allows business to move into a retail space, or food service provider, that was occupied by a non-conforming business and operate another non-conforming business in that space. ADJOURNMENT There being no further business, the Board at the hour of 4:58 p.m. adjourned. John L. Taylor, Clerk N.B. This Journal of Proceedings sets forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on November 18, 1996. I, John L. Taylor, Clerk of the Board of Supervisors of the City and County of San Francisco, hereby certify that the foregoing is a true and correct copy of the Journal of Proceedings of the Board meeting of the date stated and that it was approved as recited. John L. Taylor Clerk of the Board of Supervisors